Page:Ruffhead - The Statutes at Large - vol 8.djvu/671

 A. D. 1761. Anno fecundo Gsorgii III. C. 20, 637 and alfo in Time of actual Service, be deemed Part of the Militia of the County' o^ Northumberland, emtion; fuhjca howe- for the Purpofe aforefaid. ' ^^ '" t^*^ Penalties of ' CXX VII. And whereas the ordering the Militia in the Ifle of Wight, has always been in the Go- J;-"J"^)^fi""on ; ^"^ c T • /-I r 1 /• • 1 Tn J A J L /- 1 T -^ 1 r -i - • r ^"^ Mt'n are to join, and is to furnifh to the Militia of the County n't South an, pt on {hall have been appointed, as by this Adt is direcSled, by his Majefty's Lieutenant, and the Deputy Lieutenants, or by the Deputy Lieutenants of ^^,,, -^ the faid County at large, the Governor of the faid iflana fliall appoint the OfHccrs of the Militia p,jcn is fettl-d 'tlartf^e to be raifed in the faid Ifland, and {hall and is hereby impowered and required to a6t in the Exe- iiieof Wight is tot'ur- cution of this A<Sl, in the fame manner as his Majefty's Lieutenants of Counties are hereby impow- nifli,t!.e Governor of the ered and required to a6t, and fhall appoint five or more Deputies to adt with him, in and for the faid J-^,"*^ ^^ to appoint the Ifland ;_ which Deputies and Officers of the Militia flrjall be qualified in the fame manner, and are aft as'Lo^d"''Lt*uts' of hereby impowered and required to aft in the Execution of this A61 in the fame manner, and under the counties are impowered fame Direftions, Provifions and Penalties, as Deputy Lieutenants and Officers of the Miliria in the and required j and is to feveral Counties within the Dominion of Wales are by this A£l fubjedl to ; and the Militia of the appoint 5 or more D;.pu- faid Ifland ihall be raifed in the fame manner as the Militia of the County of Southampton, and fhall "-^^^^ "[in/kd and'aa^ be deemed a Part of the Militia of the faid County : And after the fame fhall be fo raifed, the faid as is'^prefcrib'ed' wkh^e- Governor, Lieutenant Governor, and Deputies, fhall order and direct the training and exercifing the fpca to D. Lieuts. and faid Militia within the faid Ifland, in the fame manner as his Majefty's Lieutenants and the Deputy Officers for Wales; ani Lieutenants are by this A61 authorized and direfted to do in any County within that Part of Great ^^eMihtia is to be raifed Britain called England; and the Militia fo raifed within the faid Ifland ftiall be continued and remain t^n" anrdeemed p/rt within the faid Ifland as an internal Defence thereof. thereof; and they are to be trained and exercifed in the Ifland, and to be continued there, for the internal Defence thereof. CXXVIII. And be it enafted, That all Fines, Penalties, and Forfeitures, by this Aft impofed, Folfdlures^' wtte^ ^ the manner of Recovery whereof is not in this KQt particularly provided for, {hall, on Proof upon otherwifed'ireaeJ are to Oath of the Oflence before any Juftice of the Peace of the County, Riding, or Place, where the b; recovered, on 'proof Offence fhall be committed, be levied by Diftrefs and Sale of the Off"ender's Goods and Chatties, "po" 0*'!^ of the of- by Warrant under the Hand and Seal of fuch Juftice, rendering the Overplus (if any) on Demand, ^f"'^p^^^°'^^^v^'^'?'"p,^^'' after deduding the Charges of fuch Dilfrefs and Sale, to the Offender upon whom fuch Diftrefs fhall trersand"s3ie- and where have been made; and where the Goods and Chatties of fuch Offender {hall not be fufficient to an- fufficient Diftrefs cannot fwer fuch Diftrefs, fuch Juftice is hereby required to commit fuch Offender to the common Gaol of be had, the offender is to- the County, Riding, or Place, where the Oft'ence fhall have been committed, for any Time not ex- ^^ committed for three- ceeding three Months : And all Fines, Penalties, and Forfeitures, by this Aft impofed, the Appli- ^'^l^.' '^^^^J^^f ^^^^^ cation whereof is not otherwife particularly provided for, fhall be paid to the Clerk of the Regiment are to be paid to the re. or Battalion, and {hall be made a common Stock ; and the faid Clerk fhall give a particular Account gimentai clerk, and thereof, as it fhall arife, to the Colonel or commanding Officer of the Regim.ent or Battalion, who '"^de a common Stock, (hall caufe Butts to be erefted in fome convenient Place or Places, and fhall direft the Clerk of the him o"rcotond r Regiment or Battalion to buy and provide, with fome Part of the Money fo arifing, a proper Quan- commandiM officer of> tity of Gunpowder and Ball, to be ufed at proper Times by the Militia Men in fhooting at Marks, the Regiment; and are and to apply and difpofe of fuch other Part of the Money aforefaid, as he fhall think reafonable, in to be applied in ereding fome Prize or Prizes to be given to fuch Militia Man or Men as {hall, by the commanding Officer Buits, providing Powder then prefent, be adjudged to be the beft Markfman or Markfmen, and to apply the Refidue thereof to the' beftMarkSeT to other Contingencies relating to the Regiment or Battalion. and to other Contingen- CXXIX. And be it enabled. That in all Cafes when any Perfon fhall be committed to the Houfe cies of the Regiment. of CorrecStion by virtue of this A6f, he {lialL during the Time of fuch Commitment, be kept to where any Perfon /hall hard Labour in fuch Houfe of Corredion. _ ^ ^ o^'c3lio!? h^eh'o^e CXXX. And be it enacted. That in all cafes where his Majefty's Lieutenants, or the refpedive kept to hard Labour ^ Deputy Lieutenants by them appointed, or his Majefty's Juftices of the Peace, are, by this Ad, there. required, to examine, hear, and determine, all Witntffes fhall be examined upon Oath ; which Lords Lieuts. Deputies,- Oath fuch Lieutenants, Deputy Lieutenants, and Juftices, or any one of them, is and are hereby ^""^ J''^'"^' !" ^'^ ^*'"" •„ l»J--(l ■) J ' 1 •> } fers to be tr-ed before impowered to admmiiter. ,p,gj^ impowered to ex- CXXXI. And be it enaded. That no Order or Convidion made by any of his Majefty's Lieute- amine the witiiefiis up- nants, or by any three or more Deputy Lieutenants, or by an two Deputy Lieutenants together with "n O^th; any one Juftice of the Peace, or by any one Deputy Lieutenant together with any two Juftices of ^■^'^"°^'^'■■'■•'°■■*-^°"^'c- the Peace, or by any Juftice or Juftices of the Peace, by virtue of this Ad, fhall be removed by "°" I^'^t ^^W^,, y-. .• • ■'r 1 ' /^ Ti • 1- !->»• T ni A- i-r^ i • r i r^ i -^ ITiade by them, Ihall be Certiorari out of the County, Kiding, Divnion, Place, City, or 1 own, wherem luch Order v/as removed, or fioerfedcd made, into any Court, and that no Writ or Writs of Certiorari fhall fuperfede Execution, or other b) Writ of Cmiorari. Proceedings, upon any fuch Order fo made in purfuance of this Ad; but that Execution, and other Proceedings, {hall and may be had and made thereupon j any fuch Writ or Writs, or Allowance thereof, notwithftanding. CXXXII. Provided always, and be it further enaded by the Authority aforefaid. That where any lY^ofe^e^untts'^crRi''' Pa-.ifh {hall lie in more Counties or Ridings than one, the Inhabitants of fuch Parifh fhall ferve in the d'inTrtLn,°one"the Wn Militia of that County or Riding wherein the Church belonging to fuch Parifh is fituated ; and that nmil ferve in the M.luia fuch Pari{h fhall be deemed as tart of that County, and {hall be fubjed to the Jurifdidion and Au- of the Count ,&c.where- thority of the Deputy Lieutenants, Juftices of the Peace, and other Officers of that County or »" '^'^ Panih Church Ridirig, to all the Intents and Purpofes of this Ad. - _ Sme jtnfdSf. ''' CXXXIil. And belt enaded. That the Inhabitants of the Conftablery of Craike, a Parcel of the The inhabitants 'ot' County of Durham, furrounded by the North Riding of the County of York, {hall fervc in the Mi- Craike fluu ferve in the iitia Miiitia for ;ii« North
 * vernor or JLieutenant Lrovcrnor or the laid iiland : And whereas, from the J^ength of 1 ime luice beexcicifed witji theMi-
 * the Militia thereof was raifed, the raifing the fame in manner heretofore accullomed may be attended htia of the Cuumy, .md
 * with many Difficulties j' Be it enadted, That after the Number of Perfons which the fiid ifiand oe deemed Part thercot,